There are numerous defenses that used by criminal lawyers for embezzlement. However, a civil and criminal defense for embezzlement is customized by the lawyers according to the specifics of the embezzlement case. Criminal lawyers will also tailor an embezzlement defense by taking into account the trial court, judge, and state laws and recent court rulings. Federal embezzlement cases are also handled differently by attorneys.
When embezzlement is charged with another crime, the complexity of the case increases dramatically and so does the sentencing and imprisonment, if convicted. Complex embezzlement cases require a defense by criminal lawyers with expertise in these different crimes. LibertyBell Law Group’s criminal lawyers have successfully represented clients in both state and federal courts all across the country for embezzlement and other many crimes.
EMBEZZLEMENT IS SOMETIMES ALSO CHARGED WITH:
- Money Laundering
- Fraud
- Wire Fraud
- Mail Fraud
- Falsifying Documents
- Theft
- Grand Theft
- Larceny
- Grand Larceny
- Identity Theft
EMBEZZLEMENT DEFENSES USED BY LAWYERS
Criminal lawyers experienced in these types of cases can developed winning defenses based on many factors. An accusation of embezzlement hinges on evidence and criminal intent. If hired early enough, criminal lawyers will attempt to prevent embezzlement charges from being filed and resolve the case out of court by civil law means. Most commonly, if there is a mountain of evidence and paper trails, lawyers will seek to resolve the matter for the client with restitution. Of course, the best lawyers know how to argue for the least amount of restitution and the most convenient payment terms for the client.
Insufficient Evidence Defense for Embezzlement
The first line of action a criminal lawyer will take after an embezzlement case has been filed, is either preventing evidence from being entered or arguing for insufficient evidence to get the case dismissed. LibertyBell Law Group’s best federal and criminal lawyers are adamant on pursuing this defense as many as 40% federal embezzlement cases are dropped because of insufficient evidence when counseled by the best criminal attorneys.
No Criminal Intent
Embezzlement is one of those crimes wherein criminal intent must be proved beyond a reasonable doubt by prosecuting attorneys. Criminal lawyers know that criminal intent can be disproved when the owner, manager, or key peers were well aware of the fact that money or property was being transferred to you. For instance, if money or property was given, paid, or reimbursed to you, especially on a regular basis under watchful eye, criminal intent can be very hard to prove. It is the job of your criminal lawyer to ascertain if this is the best defense for you. LibertyBell Law Group’s federal and criminal lawyers, who work with experts and are highly skilled in presenting evidence and witnesses that are beneficial, make decisions on defense based on what will win.
Defense of Duress
Criminal lawyers use the defense of duress for embezzlement when a defendant believes s/he will be in danger or receive some sort of harm for not participating in a crime. Attorneys sometimes use the duress defense for embezzlement if the defendant was thought to lose employment if s/he did not participate in the embezzlement, such as when coerced by a supervisor. These types of embezzlement cases are sticky and must be represented by top criminal lawyers to achieve an effective defense.
Entrapment
Criminal lawyers use the entrapment defense the least as it rarely occurs. In embezzlement cases, the entrapment defense is most commonly used in the political arena by criminal attorneys. Private businesses generally do not solicit law enforcement to entrap someone. In order for a entrapment defense to win, criminal lawyers must prove the defendant was not inclined to commit an offense of embezzlement under other circumstances.
If you are being investigated or accused of embezzlement, it is imperative you contact the best federal and criminal lawyers now at 855-LAW-PRO1 (818 267-8264 ), before everything spirals out of control and ideally before charges get filed. LibertyBell Law Group’s criminal lawyers may be able to prevent embezzlement charges from being filed, which otherwise can result in lengthy prison terms, hefty fines and court ordered restitution. The earlier our criminal defense law firm is able to intervene and hinder the investigation the better it is for you.
When criminal lawyers prepare a defense for a Ponzi scheme case, most often they are defending the client against allegations of fraud, as that is the most common charge. Ponzi scheme cases usually also involve other co-occurring charges. It is vital for a lawyer to have experience in the defense of all charges and Ponzi schemes.
LAWYERS NOTE PONZI SCHEMES COMMONLY INVOLVE ONE OR MORE ALLEGATIONS:
- Fraud
- Conspiracy
- Tax Evasion
- Mail Fraud
- Wire Fraud
- Money Laundering
- Securities Fraud
Lawyers point out that not all alleged Ponzi cases are alike and each must be evaluated on its unique characteristics. Criminal lawyers must all consider the local laws if the case occurs in a state court, as the courts and judges differ in the handling of Ponzi cases, which may be influenced by past court rulings in that area. Though, Ponzi scheme accusations are commonly processed in federal court which requires experience in federal courts.
Lawyers may need to not only defend allegations of operating a Ponzi scheme in criminal court but also against a civil lawsuit. A civil lawsuit may be pursued by the government and/or investors. A defense of Ponzi scheme must take into account the implications and outcome that interrelated cases have on each other.
BEST DEFENSE OF A PONZI INVOLVES DISPROVING FRAUDULENT INTENT
Factors considered heavily by the courts;
- A legitimate business operation connected to the investment program
- The size of the business operation in comparison to the amount of investments
- The promise of return on investments
- The time period in which debt was incurred by the debtor
In building a strong defense, criminal lawyers may choose to engage in fact development that paints a positive picture taking account all possible factors mentioned above. Criminal lawyers can more easily build a strong defense in Ponzi cases that rely upon circumstantial evidence. A plea agreement in which the defendant pleaded guilty in a criminal case can be used to establish fraudulent intent in a civil lawsuit. Thus it is vital for a defendant to get the best defense by top lawyers in a criminal Ponzi case. However, lawyers may also argue the amount of liability as well as the absence of fraudulent intent in a civil case.
A good defense for an accusation of operating a Ponzi scheme usually involves criminal lawyers proving absence of negligence, absence of recklessness, and absence on intent. Lawyers must show the client had no intent to manipulate, deceive, or defraud investors. If the client worked with business partners or employees, lawyers may seek to establish that key decisions were made by others. However, some courts do not accept this defense.
Top criminal lawyers work with a team of attorneys and experts in investigations, finding and questioning witnesses, and pooling their brain power in building a winning defense. It takes great skill to build a case outside of the courtroom and also during a trial, where they eyes of the jury and judge examine every move and word. Lawyers from LibertyBell Law Group are recognized for their skill in trials and received the nationally recognized and prestigious “Top 100 Trial Lawyers.” LibertyBell Law Group has also received a superb lawyer rating of 10 in Avvo, which is a perfect score.
If you are being investigated or accused of operating a Ponzi scheme it is imperative you receive counsel by a top lawyer immediately. The earlier a lawyer can intervene in your case, the better. Speak to a lawyer now and call(818) 267-8264.
The best federal defense by attorneys for tax crimes often involves preventing the case from being referred by the IRS to the U.S. Department of Justice for criminal prosecution. The likelihood of non-referral is highest at the beginning of an audit or an investigation and diminishes significantly with time. Once the case has been handed over to the prosecutor, the difficulty of having the case declined is at it’s highest.
Attorneys know attempting to convince the prosecutor to decline the case is a risky endeavor and many factors must be considered. What and how evidence is presented must be carefully thought out as an attorney must lay bare at least part of the federal criminal defense attorney strategy that may be used later if the prosecutor decides to go forward with trial.
If the client is indicted for other co-occurring crimes along with federal tax fraud and evasion, it is not likely a prosecutor will decline a case. In these circumstances, the attorneys on the defense are probably best not to pursue a pre-indictment conference.
MOST COMMON FEDERAL CRIMES COVERED BY OUR FEDERAL DEFENSE ATTORNEY & FEDERAL DEFENSE LAWYER:
A solid federal defense presented by attorneys to the prosecutor, pre-indictment, involves a strong legal argument based on facts under federal crimes. The argument presented by the attorneys for the defense will depend on the goal. For instance, is the attorney attempting to persuade the prosecutor to throw out the case completely or pursue lesser charges, such as a misdemeanor instead of a felony. The same analogy may be applied when attorneys present a defense in a trial, much will depend on the goal.
Frequently Asked Questions
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What are federal crimes in California?
Federal crimes in which tax evasion is common are usually the instances where the law violated is upheld by federal courts rather than state courts. There are many instances where a crime violates both federal and Californian laws. In this instance, the severity of the crime will often determine how it is prosecuted.
A case can even be transferred to federal court once it is underway, the defendant has 30 days to remove it to federal court. In some circumstances, federal courts can have advantages for defendants due to their consistency and other unique features. Your legal representation may suggest this when it would be beneficial to your case.
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How much does a criminal defense lawyer cost in California?
The cost of a criminal defense lawyer varies in California, depending on several different factors. The level of experience a lawyer has will affect how much they charge, along with the specifics of your case. A complex case with lots of ins and outs will be more expensive, for example. The type of law your case involves will also affect the cost.
Defense lawyers also offer different fee arrangements. Some charge by the hour, while others ask for a flat fee. Before choosing an attorney, it’s important to clarify your fee arrangement.
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How to choose a federal criminal defense lawyer?
When choosing a federal criminal defense lawyer, there are a few important things to keep in mind. The first is experience as a defense lawyer, especially in the field of law that is relevant to your case. Years of experience give lawyers the chance to develop legal strategies and defenses that they can rely on to achieve positive results for their clients.
You’ll also want to look for positive testimonials and reviews from former clients. Another option is to ask your lawyer about recent wins and how they were achieved.
During a consultation, you can learn more about your lawyer and their plan for your case. You’ll be able to decide if you would be a good fit for working together, which is another important factor in choosing a lawyer.
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What is the most common argument of a defense lawyer?
Good defense lawyers will tailor their argument to your case, but there are a few basic lines of argument that guide most defenses. The most common is that there was no intent to commit the crime. Many laws rely heavily on the fact that there was an intent to do wrong in the prosecution, which makes proving otherwise very effective.
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What are the most important justifications criminal defense attorneys use?
Criminal defense attorneys often use these justifications to argue on behalf of their clients. These powerful arguments can be customized to fit many different cases.
The alibi defense revolves around proving the defendant’s innocence. If you can prove that your alibi prevents you from having been able to commit the crime, then
Self-defense is another common line of defense from attorneys. However, this type of defense is obviously limited to violent crimes.
Constitutional violations also come up often. Law enforcement must adhere to constitutional standards when it comes to treatment of the defendant, collecting evidence, and the arrest itself. Illegally searching a defendant’s property, not obtaining a warrant, and coercing a confession can potentially get a case dismissed.
Evidence filed by a prosecutor or when the FBI is investigating you can be requested by lawyers by means of a court procedure called “discovery.” Lawyers know evidence filed by a prosecutor or the FBI is really up to their discretion. Some evidence may be excluded from a client file, whether intentionally or unintentionally. The evidence most likely to be excluded either done malevolently, forgotten, or federal agents were simply unaware of the evidence, is evidence that does not exist in some tangible form. Evidence beneficial to a criminal client that is not recorded, written down, documented, stored or discovered may not ever come to light without a thorough and expert investigation by federal criminal lawyers hired by the defendant.
Criminal discovery is very restricted, even in federal cases where penalties are severe and the stakes are much higher. The prosecuting attorney need only reveal “Brady evidence,” evidence that is exculpatory in nature. The prosecutor need not reveal the names of the witnesses until after s/he has testified. However, many times the best federal attorneys working on the defense will figure out who the prosecutor’s witnesses are by investigating the criminal case. LibertyBell Law Group lawyers like to know who the witnesses are so they can investigate, prepare, and question the witnesses. Attorneys commonly attack the credibility of the witness by showing character flaws, witness compensation, and inconsistent statements.
A defendant accused of a crime in federal court is advised to hire the best federal criminal defense attorney experienced in federal defense cases and working with federal agencies and prosecutors. LibertyBell Law Group’s private criminal lawyers work on a team with other attorneys and experts who have the time and resources to conduct a thorough investigation to bring to light evidence favorable to the defendant.
Private federal criminal lawyers hired by the defendant will be able to dedicate much more time to your case than a public defender. Read this article on Public Defenders vs. Private Attorneys for Defense to learn more about the obstacles public defenders face.
It is imperative that a defendant accused of a federal crime hire a criminal lawyer, as prosecutors have roughly twice the budget as public defenders do to investigate, prosecute and convict. It is well known among attorneys that public defenders have limited resources, though they may have the best intentions.
It is important to note that discovery in a criminal case can only be requested in a pre-trial stage. That is, if the defendant chooses not to go to trial and to plea bargain, discovery cannot be requested by the lawyers. This fact is more incentive to hire a criminal lawyer for your federal case. An expert criminal lawyer from LibertyBell Law Group will know which route will give you the best result, whether by plea bargaining or trial. When your life is on the line this may be the most important decision you make. You need the best legal advice from top attorneys.
If you are under investigation by the FBI, federal agents, or detectives, speak to top criminal lawyersand call 855-LAW-PRO1 (818 267-8264 ) now.
In recent years, federal defense lawyers have experienced the skyrocketing of healthcare fraud cases. These criminal lawyers have also seen a significant increase in the number of healthcare professionals seeking protection from overzealous Federal agencies investigating clients. Investigators include state and federal prosecutors, IRS Healthcare Fraud Criminal Investigation unit, Medicare Administrative Contractors, Recovery Audit Contractors, Department of Justice, Medicare Fraud Strike Force and more.
LibertyBell Law Group’s lawyers say that, unfortunately, what raises a red flag in criminal investigations is often the most productive physician. Federal and state investigating agencies use statistical analysis software that analyzes medical billing data for averages, such as means and medians. A spike in billing claims by a doctor or healthcare professional or consistent above average Medicare or insurance claims can trigger an investigation by one of the state or federal agencies. Some agencies are monetarily motivated to look for any “suspicious” activity as they receive a percentage of the recovery for any case won. See more federal lawyer.
DEFENSE OF HEALTHCARE FRAUD
The Los Angeles federal criminal defense attorneys from LibertyBell Law Group know that a spike in productivity in a doctor’s office can be attributed to countless possible reasons, such as a successful marketing campaign or new and updated treatment methods. The fact is that humans today live longer and are healthier than they have ever been due to better healthcare and awareness. Lawyers know that when a physician, chiropractor or healthcare professional is being investigated for making false billing claims and fraud, the numbers output by software cannot and will not give a complete picture. There are many factors that must be considered and can be used by lawyers in federal defense of healthcare fraud cases, such as improved treatment methods, a busy physician, a more effective physician, and much more.
The healthcare industry is constantly evolving in response to new research, equipment, and methods. Often times, investigating agencies compare present data to past data, sometimes as far back as 10 years ago or more. Lawyers from LibertyBell Law Group know there are things that simple numbers cannot communicate and which investigators may overlook. For instance, an uptick in patient office visits could result in better long term care and healthy patients because doctors are closely monitoring and making adjustments to a customized treatment plan as they encounter individual differences and responses. Learn more about los angeles criminal defense.
If you are being investigated for healthcare fraud, making false insurance or Medicare/Medicaid claims, falsifying or increasing E/M codes, it is imperative you protect yourself and your reputation and contact our attorneys immediately and call(818) 267-8264 now.
Criminal lawyers know that being accused of sexual assault can be devastating. Just the mere accusation can damage your reputation or cause you to lose your job. A conviction will result in prison time and lifetime sex offender registration. The penalty for sexual assault continues well beyond a served prison sentence as the criminal record and sex offender status will affect job opportunities, places where you can live and more. Unfortunately, some defendants are accused of sexual assault by a vindictive prostitute, an ex-girlfriend, or other ill natured person.
Criminal lawyers from LibertyBell Law Group have successfully represented many clients accused of sexual assault and here are some of many of their basic defenses. Criminal defense lawyers commonly use the defenses below in sexual assault trials. A lot of experience and skill is needed to be effective in the investigation, fact development, finding witnesses and interviewing them, presenting the evidence to convince all jury members and much more.
SEXUAL ASSAULT DEFENSES COMMONLY USED BY LAWYERS:
- Innocence
- Consent
- Insanity or Mental Incapacity
Arguing that the victim consented is a defense that has to be done very meticulously by attorneys. Criminal lawyers will perform their own investigation to find evidence that the victim consented and no sex crime occurred. Criminal defense lawyers know this defense is usually much easier to argue before a jury when the victim and the defendant has had sexual relations before the alleged crime took place. For instance, a wife of another man may accuse a defendant of sexual assault because she doesn’t want her husband to know she’s been having an affair. Thus, she accuses the defendant of sexual assault because her husband has caught wind of her having sex with another man. Lawyers know this type of defense requires diligent investigation and questioning of witnesses among other things.
It is important to note that the consent of a minor is impossible to defend, even if they actually consented, according to law. All states have laws that regard any sexual contact with a minor, inappropriateness, coercion, or attempt to get a minor to engage in lewdness or sexual act is a crime.
Lawyers know the insanity defense is very difficult to prove unless the defendant has a documented history of mental insanity. Juries are always very skeptical of insanity defenses, regardless of the crime. The mental incapacity defense is used by a sex crimes defense attorney when a defendant has a mental disease or defect that prevents s/he from understanding the criminal nature of their actions.
LibertyBell Law Group lawyers are very skilled at building custom-made criminal defense strategies for their clients. They know that criminal trial defense should not be treated as a one-size-fits-all approach, rather every case is unique and must be fought with hard work, dedication and expertise.
Sexual assault cases are extremely difficult to defend and require representation from the best criminal defense lawyers. LibertyBell Law Group is composed of a team of award-winning lawyers recognized for their case results in defending even the most difficult cases. If you are being investigated or charged with a crime, call our lawyers now at (530)-309-1156.
Early release from federal prison is a hot topic among lawyers, the federal prison bureau system, and lawmakers in Washington D.C, There is a bulging population of non-violent offenders in federal prison who are not likely to pose any danger risk to society. This is one of the main reasons many want criminal justice reform in the form of amendments to the federal sentencing guidelines, among others. Currently, there are many new federal sentencing laws that went into effect in November of 2014 and many more to go into effect in November of 2015.
Many prisoners have yet to gain early release from federal prison because there are long wait lists. Who knows when overburdened federal public defenders, who have always been given way over the recommended number of cases to handle, will get to an inmate’s case. If a federal prisoner wants early release, his/her best chances of getting it are to hire a private criminal lawyer.
A private criminal lawyer will have the time, resources and dedication to comb over an inmate’s case, life history, and conduct in prison. After thoroughly preparing arguments, a LibertyBell Law Group criminal lawyer can file the legal documents, including those containing arguments for early release, and can also stand before the judge to paint the federal inmate in the best possible light.
Are You Guaranteed Release?
It’s important to note that just because a federal prisoner is eligible for early release that does not mean he will get it. Each case is reviewed by a judge who considers all aspects of the case, criminal history and prison conduct and makes a decision based on the legal documents filed and the arguments made by the attorney. A private criminal attorney will make sure that all legal documents and paperwork that supports the prisoner’s early release is filed and will also file additional motions and legal documents to win the judge over to approval.
Applying for early release from federal prison is akin to having a retrial. Private criminal lawyers may present new facts and more in arguing for early release.
If you have a loved one in federal prison and would like to know all your post-conviction relief options and which route is best for the inmate, including which one is most likely to succeed and get him/her the best reduction in time, call our criminal defense attorneys now at (530)-309-1156.
ABOUT LIBERTYBELL LAW GROUP CRIMINAL ATTORNEYS
LibertyBell Law Group attorneys succeed in getting the best results for appeals, post-conviction relief, Drugs Minus Two sentence reductions and more. Our award-winning lawyers have been featured in Time Magazine, Newsweek and many other media outlets. LibertyBell Law Group’s criminal lawyers also have a perfect 10 Avvo rating and verified top client reviews.
